Dallas Drug Manufacturing Attorney
Playing a role in the manufacturing or cultivation of an illegal drug can lead to severe penalties in Texas. The state has a strict stance on possession, distribution, and every other phase of dealing drugs. Depending on the specific drug and quantity, manufacturers can face significant time in prison in addition to harsh fines. Conviction for drug crimes can force you to surrender your freedom. A Dallas drug manufacturing lawyer may be necessary to speak with for help.
If you are facing charges of drug manufacturing, seek the aid of an experienced Dallas criminal defense attorney. The team at Harris & Harris Law Group, PLLC, has vast experience working as both criminal prosecutors and defense attorneys. We use that experience to provide aggressive defense to our clients accused of criminal charges. No matter what type of drug charges you face, our team can help.
Drug Manufacturing Offenses
Both state and federal drug laws allow authorities to prosecute anyone involved in the cultivation or manufacturing of a controlled substance. The law defines cultivation as the growing or otherwise producing naturally occurring elements with intent to create a controlled substance.
This typically applies to drugs such as marijuana seeds, any other part of a marijuana plant, or paraphernalia used to cultivate marijuana. Merely possessing any part of the plant with intent to cultivate may count as a more serious crime than possession.
Manufacturing typically involves making controlled substances through a chemical process by using a laboratory. This includes manufacturers creating drugs such as methamphetamines, LSD, and cocaine.
Dallas Drug Manufacturing Qualifications
Drug manufacturing in Texas is defined under section 481.002 of the Texas Controlled Substances Act. Manufacturing of a controlled substance is the processing, production, preparation, or conversion of a controlled substance. Examples of drug manufacturing according to the statute include:
- Packaging or repackaging of controlled substances
- Labeling or changing the labels of containers of controlled substances
- Being directly or indirectly involved in the chemical manufacturing of controlled substances
Some of the most common controlled substances involved in drug manufacturing charges are cocaine, LSD, and methamphetamine.
Federal Drug Manufacturing Charges in Dallas, TX
There are four main elements that can cause a drug manufacturing, possession, or distribution charge to escalate to a federal charge. These include:
- Amount: The actual amount of the substance will influence the level of charges. Once the amount reaches a certain threshold, it could lead to federal charges.
- Activity: If there was another activity you’re being charged with along with the drug manufacturing charge, you could face federal charges. For example, if you were in possession of a firearm at the time, it could escalate the charges.
- Location: You could face federal charges if the activity happened in certain locations. For example, near a school, a state border, or an international border could trigger federal charges.
- Criminal record: An individual with a previous criminal record could face federal charges. For example, if you have a prior violent criminal history, your case could be escalated.
If you are facing federal charges, you need an experienced attorney who can help prepare a legal defense on your behalf. You should contact a qualified Dallas Drug Manufacturing Lawyer who can answer your legal questions and provide necessary legal support.
Drug Manufacturing Penalties in Dallas
Punishment for drug manufacturing or cultivating varies depending on the quantity and type of drug. Additional factors in sentencing include the method of manufacturing and any past convictions.
Texas drug law divides controlled substances into five categories. Many drugs on the following list are legal if the owner possesses a valid prescription. However, authorities classify marijuana into a separate category, which also carries significant penalties for cultivation. Below are some examples of the drugs included in each category:
- Penalty Group 1 –Methamphetamines, cocaine, and heroin
- Penalty Group 1A –LSD
- Penalty Group 2 –Ecstasy, mushrooms, and PCP
- Penalty Group 3 –Human growth hormone (HGH), peyote, and steroids
- Penalty Group 4 –Compounds containing dionine, morphine, buprenorphine, or pyrovalerone
The penalties for drug manufacturing are similar to drug trafficking or distribution charges. However, the justice system reserves the most severe punishments for those charged with Penalty Group 1 offenses. Just one gram of any of these drugs results in third-degree felony charges that can include two to 10 years in prison and a fine of up to $10,000.
This is in contrast to cultivating just one ounce of marijuana, which may result in fines of up to $10,000 and up to two years in prison.
Factors That Influence Drug Manufacturing Penalties
The penalties for drug manufacturing in Dallas, TX can vary depending on a multitude of factors. Drug manufacturing cases are rarely ever black and white. Each case is unique and will have its own specific factors to consider. When determining the consequences, the state will consider several key factors, such as:
- The type of controlled substance being manufactured
- The previous criminal record of the defendant
- The amount of the substance
- The amount of the substance that was created by the time law enforcement arrived.
It’s important to understand that law enforcement will consider the total weight of the substances present, including adulterants or dilutants. Even if a drug is cut with legal substances in order to increase profits, the entire weight of the substance itself and the substances used to enhance it will be considered. If you are facing criminal charges, you need experienced legal counsel.
Mistakes to Avoid If Arrested for Drug Manufacturing
If you’ve been arrested for drug manufacturing charges in Texas, it’s important that you avoid making certain mistakes that could further incriminate you or damage your case. Drug manufacturing, possession, or delivery is taken very seriously in the state of Texas. Charges can be very severe and have a life-changing impact. Some common mistakes to avoid include:
- Speaking to law enforcement without adequate legal representation: Remember that anything you say can and likely will be used against you in your case. Refrain from speaking to law enforcement officers about your case before you speak with a qualified attorney.
- Overlooking the importance of evidence: Evidence is critical in drug crime cases. You shouldn’t overlook the importance of witness statements, documentation, photos and videos, and anything else essential to the case. Anything that can prove your innocence is so important.
- Not contacting a lawyer: One of the worst mistakes you can make is not getting legal help. The Texas legal system can be difficult to navigate without legal help. An experienced lawyer can help create a strong legal defense and reduce the degree of charges you’re facing.
We Combat Drug Manufacturing & Cultivation Charges
If you are currently facing charges of drug manufacturing, our Dallas-based legal team can investigate your case. This includes examining the evidence against you, which may be tainted or illegally obtained (in which case that could ultimately lead to a dismissal of the charges against you). Other factors can also assist in your defense that must be brought before the court by your attorney.
FAQs
Q: How Much Does a Drug Manufacturing Lawyer Cost in Texas?
A: The costs of a drug manufacturing lawyer can vary depending on several factors. One of the most influential factors is the complexity of the legal case. Another factor to consider is the fee structure of the lawyer. For example, some attorneys charge an hourly fee, and some may charge a flat fee for their services. When it comes to criminal law, contingency fee arrangements are generally prohibited. Other considerations include the experience level and location of the lawyer.
Q: What Is a Legal Defense for Drug Manufacturing in Texas?
A: Legal defense strategies for drug manufacturing in Texas depend on the specific circumstances of the charge. One common legal defense is illegal search and seizure. Sometimes, law enforcement uses illegal means to capture evidence. Another defense is that the substances belong to someone else. These are just a couple of the strategies a defense lawyer may use in your case. Ultimately, the right defense is the one that is built on the circumstances of your charges.
Q: What Should You Look for in a Drug Manufacturing Lawyer in Texas?
A: There are several important traits to look for in a Dallas drug manufacturing lawyer. You want a lawyer who is a good listener and communicator, who has experience in criminal defense cases related to drug crimes, and who has a thorough understanding of drug crime laws in Texas with a good reputation. When it comes to legal representation, our team can meet your needs.
Q: How Can a Drug Manufacturing Lawyer Help Me?
A: A drug manufacturing lawyer can help you in several ways. A lawyer can investigate the details of your case and determine the right legal defense, and they can review the conduct of law enforcement and ensure your legal rights aren’t violated. Additionally, they will represent you throughout all legal proceedings and take control of your defense strategy. No matter the circumstances of your charges, a lawyer will provide you with the help you need to overcome the charges against you.
At Harris & Harris Law Group, PLLC, we offer aggressive representation for criminal cases and may be able to help you bring a solid defense against charges associated with drug manufacturing and cultivation. Contact us as soon as possible so that we can get to work on your case.